PETERSON

v.

UNITED STATES

Citator

Cited By

• Carroll Lee Smith v. United States, 413 F.2d 975 (10th Cir. 1969)
  …ade of lack of knowledge of right to appeal. No showing is made to satisfy the “plain error test” which justifies consideration of a notice of appeal which is filed out of time. See Fennell v. United States, 10 Cir., 339 F. 2d 920, 923, cert. denied 382 U.S. 852, 86 S.Ct. 100, 15 L.Ed.2d 90. The claimed error is the denial of the continuance and we hold that there was no abuse of discretion in that regard. The appellant made two requests for a free trial transcript. One was made five months before the § 2…
• Caylor v. The United States, 362 F.2d 689 (10th Cir. 1966)
  …6, we distinguished the factual situation from that considered in Fallen and held that an oral notice of appeal by a defendant represented by retained counsel was insufficient. Fennell v. United States, 10 Cir., 339 F. 2d 920, 922, certiorari denied 382 U.S. 852, 86 S.Ct. 100, 15 L.Ed.2d 90; considered a request for permission to make a late filing of a notice of appeal. In Hannigan v. United States, 10 Cir., 341 F. 2d 587, 588, we said that the time for filing an appeal “does not commence to run until the…